150. The State asserted that the alleged victims already have access to free health care near
where they live that meets their specific needs, as required by domestic law. It noted that the
representatives did not indicate that the alleged victims have any difficulties or have sought care and
that, in fact, during the stage of compliance with the Commission's recommendations, the
representatives reported that the alleged victims did not have specific needs.
151. The Court observes that in their pleadings and motions brief, the representatives did not
make any mention of the victims needing a measure of rehabilitation. However, as the Commission
requested measures of rehabilitation, and those family members identified as victims experienced or
are experiencing additional suffering due to the impunity caused by the State’s acts and omissions
in its response to the murder of Gabriel Sales Pimenta (supra paras. 126–133), the Court finds it
appropriate to order the State to provide free psychological and/or psychiatric treatment
immediately, appropriately, and effectively through its specialized institutions to any of Mr. Sales
Pimenta’s brothers named in this judgment who desire it. In addition, the treatments shall be
provided, to the extent possible, at locations that are closest to their places of residence and for the
length of time necessary, and they shall include the provision of any necessary medications. In the
provision of treatments, the particular circumstances and needs of each victim shall be taken into
consideration, as well as the desires of the victim and the findings of an initial evaluation. 222
152. The beneficiaries have a period of six months from the notification of this judgment to inform
the State of their intention to receive psychological and/or psychiatric treatment. 223 If they do not
do so, the State will be under no obligation to comply with this measure of rehabilitation. The State,
for its part, shall have a maximum of six months from its receipt of any such request to diligently
provide the care requested.
D.
Measures of satisfaction
153. The Commission requested measures of satisfaction for the pecuniary and non-pecuniary
damage caused.
154. The representatives requested that the Court order the State to take the following
measures: (i) hold a public event to acknowledge international responsibility and issue a public
apology—noting the State's international responsibility for actions as well as for inaction, especially
for the denial of justice—organized with the participation of the victims and including the presence
of high-level public officials and civil society leaders involved in combating violence, and publicize
the event through the national media to ensure that victims who cannot travel to it have the
opportunity to participate; (ii) publish the chapters of this judgment that include the facts, the merits,
and the operative paragraphs in a national newspaper and the full text of the judgment on the
website of the Public Prosecutor's Office and the judiciary; (iii) name two plazas after Gabriel Sales
Pimenta—one in the municipality of Marabá in the state of Pará and the other in Juiz de Fora in the
state of Minas Gerais—and place busts of Gabriel Sales Pimenta with a bronze plaque detailing his
life in each of them; (iv) change the name of M.C.N. municipal school to Gabriel Sales Pimenta, place
a bronze plaque on the front of the school explaining the change and detailing the life of Mr. Sales
Pimenta, and refrain from naming any new public places after M.C.N.; and (v) build a public memorial
in the city of Juiz de Fora, with the consent of Gabriel Sales Pimenta’s family, in which the activism
of Brazilian human rights defenders such as Gabriel Sales Pimenta is valued, protected, and
preserved.
Cf. Case of Kawas Fernández v. Honduras. Merits, reparations, and costs. Judgment of April 3, 2009. Series C No.
196, para. 209, and Case of Maidanik et al. v. Uruguay, supra, para. 227.
222
Cf. Case of Rosendo Cantú et al. v. Mexico. Preliminary objection, merits, reparations, and costs. Judgment of August
31, 2010. Series C No. 216, para. 253, and Case of Maidanik et al. v. Uruguay, supra, para. 229.
223
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